rally for girls’ sports - creation · rally for girls’ sports: ... money on male and female...

Rally for Girls’ SportsTitle IX Webinar

© 2010 National Women’s Law Center 1

Title IX WebinarApril 7, 2011

Presenter: Melanie Ross LevinMelanie Ross LevinSenior Outreach ManagerNational Women’s Law Centermrosslevin@nwlc [email protected] Ross Levin is currently serving as the Senior Outreach Manager focusing on education, employment, and family economicManager focusing on education, employment, and family economic security issues. Prior to joining the Center, Ms. Ross Levin served as the Field Director for the 2006 campaign of Senator Thomas Carper D-Del ; worked in the Delaware State Legislature; andCarper, D Del.; worked in the Delaware State Legislature; and consulted in Delaware for Vision 2015, a new education reform initiative. She also conducted grassroots organizing around judicial nominations for Planned Parenthood of Delawarenominations for Planned Parenthood of Delaware.

Ms. Ross Levin received her master’s degree in Public Administration from the University of Delaware and her bachelor’s


degree in Political Science and Women’s Studies from the University of Delaware.

Rally for Girls’ Sports: She’ll win more than a gameShe’ll win more than a game

Campaign Components:Campaign Components:

Public Education & OutreachO li O t h E il F b k d T itt• Online Outreach on E-mail, Facebook and Twitter

• Public Education Opportunities • Technical AssistanceTechnical Assistance• Hotline: 1-855-HER-GAME (I-855-437-4263) for

parents, coaches and advocates to report inequities and get info

Enforcement • 12 administrative complaints filed with the Department of

Ed ti i t h l di t i t f f ili t id i l ith


Education against school districts for failing to provide girls with equal opportunities to play sports, in violation of Title IX.

The Benefits of Sports for GirlsGreater Academic and Employment Success:• Young women who play sports are more likely to graduate from high

school, have higher grades, and better test scores than non-athletes.g g

• Female athletes are also more likely to do well in science classes than their classmates who do not play sports.

Increased Health Benefits:• Sports participation decreases a young woman's chance of developing

heart disease, osteoporosis, and other health problems.

• Sports participation reduces the risk of obesity in adolescent girls, and for adult women who played sports in school.

Improved Mental Health and Other Benefits:Improved Mental Health and Other Benefits:• Young women who play sports have higher self-esteem, lower incidence

of depression and more positive body image than those who do not.


• Female student-athletes are less likely to smoke or use drugs and have lower rates of both sexual activity and pregnancy.

Good News: Female Sports Participation Has SkyrocketedParticipation Has Skyrocketed

Girls’ Participation in Athletics Before and After Title IX

4,000,000

4,500,000

2 500 000

3,000,000

3,500,000

1 500 000

2,000,000

2,500,000GIRLSBOYS

500 000

1,000,000

1,500,000


0

500,000

1971 2009-2010

Bad News: Discrimination PersistsDiscrimination Persists

• Women and girls at all levels of educationWomen and girls at all levels of education are still being denied opportunities to play sports, and equal benefits and services when they do playwhen they do play.

• Schools are providing 1.3 million fewer chances for girls to play sports in highchances for girls to play sports in high school than boys.

• While 53% of the students at Division I colleges are women,While 53% of the students at Division I colleges are women, female athletes receive only 32% of total recruitment dollars, 34% of total athletic expenditures and 45% of total athletic scholarship dollars


scholarship dollars.

Presenter: Neena ChaudhryNeena ChaudhrySenior CounselNational Women’s Law [email protected]

Neena Chaudhry is Senior Counsel at the National Women's Law yCenter, where since 1997 she has focused on gender equity in education issues, particularly Title IX. Ms. Chaudhry has served as counsel on key Title IX cases, engaged in legislative advocacy as cou se o ey e cases, e gaged eg s a e ad ocacyon behalf of women and girls, and addressed gender equity in education issues in the media and before key national audiences throughout the U.S.throughout the U.S.

Ms. Chaudhry received her J.D. from Yale Law School and her B A from the University of Maryland at College Park


B.A. from the University of Maryland at College Park.

Title IX & Athletics

Three basic requirements:

1. Schools must offer male and female students equal opportunities to participate.

2 Schools must allocate athletic scholarship dollars2. Schools must allocate athletic scholarship dollars equitably.

3. Schools must provide male and female athletes with


pequal benefits/services.

Participation: The “Three-Part Test"Schools will be providing equal participation opportunities to their male and female students if:

• Prong 1: Athletic participation opportunities for males and females are substantially proportionate to their respective enrollments; OR

• Prong 2: The school has a history and continuing practice of expanding athletic participation opportunities for the underrepresented sex; OR

• Prong 3: The school has fully and effectively accommodated the interests and abilities of the underrepresented sex.


NWLC Complaints• Filed against 12 school districts—one

in each region where the Department of Education’s Office for Civil Rights (“OCR”) has an enforcement office( OCR ) has an enforcement office.

• Districts were identified based on their own data submitted to OCR,

hi h i di t th t th f ili twhich indicate that they are failing to provide girls with equal opportunities to play sports.

• Districts vary in size, locale (urban, rural, suburban), and y , ( , , ),diversity of the student population.

• Complaints reflect the breadth and scope of the ongoing discrimination and the schools selected are examples of adiscrimination and the schools selected are examples of a much larger problem.

• Complaints call on OCR to investigate individual high schools in the districts to ensure that girls receive equal


schools in the districts to ensure that girls receive equal access to these valuable educational opportunities.

Complaints Highlight Huge Participation Gaps


Participation Gaps Go From Bad to Worse


Room to Grow: Sample Sports Not Offered to Girls in 12 DistrictsOffered to Girls in 12 Districts

• Soccer• Softball• Tennis• Swimming & Diving• Swimming & Diving• Golf• Lacrosse• Field Hockey• Bowling

Gymnastics• Gymnastics

* Examples of sports sponsored by relevant state high school athletic associations that are not offered to girls at one or more of the 12


gdistricts

Prong One: Proportionality

Percentage of athletes who are female must mirror percentage of students who are girls

• So, if 50% of students are girls, then about 50% of athletes

mirror percentage of students who are girls.

must be girls.

QExample: Quinnipiac University case• Cut volleyball and counted cheerleading

as sport to increase participationas sport to increase participation numbers

• Court said reinstate volleyball; school proposed to add women’s rugby and golf


proposed to add women s rugby and golf.

Prong Two: Program Expansion

The school has a history and continuing practice of expanding athletic participation p p g p popportunities for the underrepresented sex.

• Record of adding female participation opportunities

C t l f i i t d l i i t t• Current plan of expansion responsive to developing interests and abilities of women

Bottom line: Should see a patternBottom line: Should see a pattern of consistently expanding opportunities in response to developing interests/abilities


p g

Prong Three: Full And Effective AccommodationFull And Effective Accommodation

The school has fully and effectivelyThe school has fully and effectively accommodated the interests and abilities of the underrepresented sex.

April 2010 Clarification

R i d d 2005 Cl ifi ti th t bl d h l t d il• Rescinded 2005 Clarification that enabled schools to send email survey and count non-response as lack of interest and receive presumption of compliance.

• Restored previous policy, under which schools must evaluate multiple factors (including surveys) to demonstrate compliance

ith th


with prong three.

2010 Clarification: R i M t A I t tRequires More to Assess Interest

Th f ll i i di h ld b l dThe following indicators should be evaluated:• Requests by students to add or elevate a sport; • Participation in particular club or intramural sports; • Interviews with students, coaches and administrators;• Participation rates in high schools and community leagues in• Participation rates in high schools and community leagues in

areas from which school draws students; and• Results of questionnaires regarding interests in particular

sports.

http://www2.ed.gov/print/about/offices/list/ocr/docs/clarific.html


Have These Schools Met the Th P t T t?Three-Part Test?

1 H t Hi h S h l h t d t b d th t i 49% l1. Hogwarts High School has a student body that is 49% male and 51% female. Its athletes are 51% male and 49% female.

2. Potter Regional High School last added a team for girls in 2003 and plans to add an equestrian team in 2011.

3. Snape High School does not offer proportionate opportunities to girls and does not have a history and practice of adding opportunities for them It has sent apractice of adding opportunities for them. It has sent a survey to its female students asking about their athletics interests but got very few responses.


Quiz Time!A th f ll i t t t d t d f t tAre the following statements adequate defenses to not

meeting the three-part test?


Does Cheerleading Count?

Quinnipiac case• Competitive cheer activity “still too underdeveloped and p y p

disorganized to be treated as offering genuine varsity athletic participation opportunities for students”

2008 Dept of Ed Dear Colleague Letter• Discussed when activity is a sport for Title IX compliance

Update:• USA Cheer working with some schoolsUSA Cheer working with some schools

to get “Stunt” recognized by NCAA. • USA Gymnastics working with others

to get “Team Acrobatics and


to get Team Acrobatics and Tumbling” recognized.

Athletic Scholarships• In general, the total scholarship dollars awarded to male and

female athletes must be within one percent or one scholarship, whichever is greater, of their participation rates, absent a legitimate nondiscriminatory reason.

• Focus is on the overall dollar amount provided rather than the number of scholarships.


Equal Benefits/ServicesBoys’ and girls’ athletics programs must be equal overall * including:equal overall, including:

– Scheduling – Travel– Coaching– Locker rooms/facilities– Medical/training servicesMedical/training services– Publicity– Recruiting– TutoringTutoring– Housing/dining

* No “booster club” exception


p

Adequate Defenses to U l T t t?Unequal Treatment?

1 “Th ’ h fi ld f ili i ll i l d1. “There aren’t enough fields or facilities to allow girls and boys to play in the same season.”

2. “Even if the girls’ soccer team is treated worse than the boys’ soccer team, the girls’ basketball team is treated better than theteam is treated better than the boys’ basketball team.”

3 “Th b ’ i t t th th i l ’3. “The boys’ equipment costs more than the girls’ equipment.”


4. “More people come to the boys’ games so they deserve the better schedule.”

Additional Points• There is no requirement that schools spend the same amount of

money on male and female athletes, but differences in spending can raise red flags about second-class treatmentcan raise red flags about second-class treatment.

• That money is provided by a booster club or other outside funding to support a team is not a defense to disparities in b fi ibenefits or services.

• Provisions addressing coaching and tutoring create two sets of rights: those of the coaches/tutors not to be discriminatedrights: those of the coaches/tutors not to be discriminated against and those of the student-athletes to receive equal quality coaching and tutoring.

S h l t t t l d f l• Schools must treat males and females equally with respect to recruitment.


Gender Equity in Difficult E i TiEconomic Times

A t i thl ti t iti• Any cuts in athletic opportunities or benefits due to budget issues must not exacerbate existing gender inequalities or create new ones.

• If not equal, cuts are likely to t i ti i litaggravate existing inequality

and violate Title IX.

• If cuts are equal but disproportionate• If cuts are equal but disproportionate, could create inequality and violate Title IX.


Myths v. Facts

MYTH: Title IX imposes quotas.

FACTS:• The concept of quotas is misplaced in athletics because males

and females are not competing for the same slots Schoolsand females are not competing for the same slots. Schools decide how many fixed opportunities they will provide to men and women, and the three-part test simply measures whether schools are allocating these opportunities equallyschools are allocating these opportunities equally.

• The federal courts have unanimously rejected the quota argumentargument.

• There are three separate ways to comply, so schools do not have to, and most don’t, satisfy proportionality.


, , y p p y

Myths v. Facts

MYTH: Title IX requires schools to cut men’s teams.

FACTS:• Title IX does not require or encourage schools to cut any teams,

and the Department of Education has stated that cuts are disfavored.

• Courts recognize that schools cut teams for numerous reasons• Courts recognize that schools cut teams for numerous reasons unrelated to Title IX, including the desire to achieve a particular competitive level, changing interests of students, and budgetary demands.

• Even when schools have reduced men’s opportunities in order to come into compliance with Title IX, courts have uniformly held th t th d i i d t tit t di i i ti


that those decisions do not constitute discrimination.

What can I do as a parent?

• Let school officials know about potential Title IX violations.

• Discuss any equity concerns with your school’s Title IX officer -the law requires federally funded schools to have one.

Fi d t if h l h i d th l l• Find out if your school has a grievance procedure - the law also requires federally funded schools to have a procedure for handling sex discrimination complaints.

• Develop a plan of action to address problem areas. You may want to involve coaches the athletic director principalcoaches, the athletic director, principal, school board official, etc.


What should schools do?

• Ensure that a Title IX coordinator is in place and publish his/her contact information. These actions are required by law.

• Train staff, students, and members of the community about what Title IX i d h t t dIX requires and how to prevent and address discrimination.

• Evaluate the athletics program to• Evaluate the athletics program to determine if there are areas in which girls (or boys) are not being treated fairly, and then take action to fix any problemsaction to fix any problems.

• Contact OCR or other experts for technical assistance on how to comply with Title IXto comply with Title IX.


What can I do as an advocate?Get involved in the Rally for Girls’ Campaign• Visit us on Facebook and create your own Rally Teams!• Participate in the Rally for Girls’ Sports Blog Carnival on Dec. 8. • Sign-up for NWLC email alerts.• Share your storyShare your story

Participate in National Girls and Women in Sports DayHost an event in your community around National Girls and• Host an event in your community around National Girls and Women in Sports Day

• Write Op-Eds, Letters to the Editor, etc.

Take Action on Legislation• Contact your members of Congress y g• Write Op-Eds, Letters to the Editor, etc.


For More Information• For more on Title IX, please visit:

– www.nwlc.org/athletics – www.titleix.info

• For more about the Rally for Girls campaign, please visit: www nwlc org/rallybriefing– www.nwlc.org/rallybriefing

• To evaluate your school, see Check It Out:– http://www.nwlc.org/resources/check-it-out-playing-field level-

women-and-girls-your-school• Hotline: 1-855-HER-GAME (I-855-437-4263)• For more on National Girls and Women in Sports Day visit:• For more on National Girls and Women in Sports Day, visit:

- http://www.aahperd.org/nagws/programs/ngwsd/• To get a copy of this presentation:


– Stay tuned! We will send you an email with a link.

Questions?

We will take questions by chat now.


rally for girls’ sports - creation · rally for girls’ sports: ... money on male and female...

Documents